Second Subrecipient Agmt for PY08 CDBGSECOND SUBRECIPIENT AGREEASENT FOR USE OF
PY~ COI~BVILTNITY DEVELOPMENT BLOCK GRANT FUNDS
THLS AGREEMENT is entered into this ,~,~ day of April, 2010, by and between the
City of Meridian {"City', a municipal corporation organized under the laws of the State of
Idaho, and the Meridian Senior Citizens' Center, an informally organized nonprofit service
provider {"Subrecipient'~.
WHERF•AS, City is an entitlement community, and as such has applied for and received
funds from the United States Government under Title I of the Housing and Community
Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant
("CDBG"} funds; and
WHEREAS, Subrecipient provides Meridian area senior-citizens a place to socialize and
to receive social services, which activity complements the objectives of the CDBG program;
~ ~ City and Subrecipient entered into a cooperative agreement for the
investment of $20,000 of PY08 CDBG funds to update facilities and the telephone system at the
Meridian Senior Citizens' Center at 133 W. Broadway Avenue, Meridian, Idaho during Program
Year 2008, the effective date of which agreement was November 12, 2008;
WHEREAS, the telephone system update described in the November 12, 2008
Subrecipient Agreement was accomplished by the investment of $3,208.04 of the PY08 CDBG
funds allowed to Subrecipient, but it was determined that of the PY08 funds previously
programmed for facilities improvements, $14,795 would instead be invested in public service
activities for Senior Center members, and that the City would program the remaining difference
of $1,996.00 for other purposes;
WHEREAS, to this end, City proposed a substantial amendment to the PY2008 CDBG
Action Plan to allow reallocation of unused funds to new or continuing activities, and, in
accordance with the Citizen Participation Plan, held a public hearing on the proposed substantial
amendment on February 9, 2010, and held a public comment period on the same a~n~endment
from February 9 to March 23, 2010; and
WE[EREAS, City and Subrecipient wish to enter into a second cooperative agreement for
the investment of PY08 CDBG funds in Subrecipient's public service programming;
NOW, THEREFORE, it is agreed by the parties hereto as follows:
L STATEMENT OF WORK
A. Purpu®e. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of
fourteen thousand seven hundred ninety five dollars ($14,795.00) for public service
activities for Meridian Senior Citizens' Center members, as described in Exhibit A hereto,
`public Services Activity Schedule." 5ubrecipient shall be responsible for administering
its PY08 CDBG funds in a manner satisfactory to City and consistent with any and all
PY08 SvBeeC~rrr Acrr - M~tminty S~toe cr~rrnrrs' Pnca? 1 of 16
standards required as a condition of providing these funds.
B. Natio~l Objective. Subrecipient certifies that the activities carried out City's PY08
CDBG funds provided by City under this Agreement will meet one or more of the CDBG
program's National Objectives as defined in 24 CFR § 570.208. Specifically,
Subrecipient's activities under this agreement shall provide a public service to presumed
low-moderate income beneficiaries (24 CFR § 570.201(e)).
C. Levels of aecomplishment. This project will include provision of public services for
Senior Center members. In addition to the normal administrative services required as part
of this Agreement, Subrecipient agrees to document and report on each and all of the
following outcomes:
1. Number of individuals gaining improved access to facility andtor services; and
2. Ethnicities of individuals assisted.
D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for
staffing.
E. Perfornnance Monitoring. City will monitor the performance of Subrecipient against
goals and performance standards required herein. Substandard performance as
determined by City will constitute non-compliance with this Agreement. If action to
correct such substandard performance is not taken by Subrecipient within fourteen (14)
days after being notified by the City, Agreement suspension or termination procedures
will be initiated.
F. Time of Performance. Services of Subrecipient under this Agreement shall start on or
before April 12, 2010 and shall be completed by August 1,2010. The term of this
Agreement and the provisions herein shall be extended to cover any additional time
period during which Subrecipient remains in control of CDBG funds or other assets,
including program income.
G. Progress Reports. 5ubrecipient shall submit regular Progress Reports to City in the
form, content, and frequency as required by City. Subrecipient shall submit the first
Progress Report to City within seven (7) days of July 2, 2010. ff Progress Reports are
delinquent, draw requests will not be processed until the delinquency is cured. Progress
Reports must contain information on outcome-based measurements as outlined in this
Agreement.
II. ADMIlVISTRATIVE REOUIREIIZENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable
uniform administrative requirements, as described in 24 CFR § 570.506.
B. l4 financial Management.
1. Bndget. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount
of fourteen thousand seven hundred ninety five dollars ($14,795.00) to provide public
PY08 SusxECra~.xr AGRFF.~N7' - MERIDIAN SFN10R Cr[~rrs' Crrr[vx PAGE 2 of 16
services for Senior Center members. City may require a detailed budgex breakdown,
and Subrecipient shall provide such information in a timely fashion, and in the form
and content prescribed by City.
2. Supplementation of outer funds. Subnecipient agrees to utilize funds available
under this Agreement to supplement, rather than supplant, funds otherwise available.
3. Acxonnting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21
through 84.28, and further agrees to: adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
4. Cost Principles. Subrecipient shall administer its program in conformance with
OMB Circular A-122, "Cost Principles for Nan-Profit Organizations." These
principles shall be applied for ail cysts incurred, whether charged on a direct or
indirect basis.
5. Certification of financial management system. Payments shall be contingent upon
HUD's certification of Subrecipient's financial management system in accordance
with 24 CFR §84.21.
6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's
CDBG Program Administrator prior to submitting the first draw request to City. City
will not process draw requests unless and until the Subrecipient attends this meeting.
C. Recwrds and reports.
1. Records to be maintaia~. In addition to specific records mentioned in this
Agreement, Subrecipient shall maintain all records that are pertinent to the activities
to be funded under this Agreement, including, but not limited to, those required by the
Federal regulations specified in 24 CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG Program;
f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502;
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart
PY08 SueRec'~mxr Acxr- MStmwv SHVtott Cnr~rrs' Cavt~ Pncu 3 of 16
K, except that Subrecipient does not assume City's responsibilities under 24 CFR
§ 570.644 and part 52.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures
incurred under this Agreement for a period of five (5) years after the termination of all
activities funded under this Agreement. Records for non-expendable property
acquired with funds under this Agreement shall be retained for five (5) years after
final disposition of such property. If, prior to the expiration of the five-year period,
any litigation, claims, audits, negotiations or other actions begin that involve any of
the records cited, such records shall be retained until completion of the actions and
resolutions of all issues, or the expiration of the five-year period, whichever occurs
later.
3. Client Data Subrecipient shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to: client name,
address, income level or other basis for determining eligibility, and description of
service provided Such information shall be made available for review upon City's
request.
4. IBsdosnres. Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not directly
connected with the administration of City or Subrecipient's responsibilities under this
Agreement, is prohibited by the Financial Privacy Act unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a
responsible parentlguardian.
5. Property Records. Subrecipient shall maintain real property inventory records that
clearly identify properties purchased, improved or sold. Properties retained shall
continue to meet eligibility criteria.
6. Closeout. Subrecipient's obligation to City shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but
shall not be limited to: making final payments, disposing of program assets (including
the return of all unused materials, equipment, unspent cash advances, program income
balances, and accounts receivable to City), and determining the custodianship of
records. Notwithstanding the foregoing, the terns of this Agreement shall remain in
effect during any period that the Subrecipient has control over CDBG funds,
including program income.
7. Audits and v~ All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to City, HUD or its agent, or other
authorized. federal officials, at any time during normal business hours, as often as
necessary, to audit, examine, and make excerpts or transcripts of all relevant
data for ~ of investigation to ascertain compliance with the rules, regulations
and provisions stated herein. Any deficiencies noted in audit reports must be fully
repaired by Subrecipient within thirty (30) days after receipt of such report by
Subrecipient. Failure of 5ubrecipient to comply with the above audit requirements
PY08 $trsRgcrri~'r AGR'r - M~tmtnri St=rt[ox Crr~xs' CFxr'~t PaGE 4 of 16
will constitute a violation of this Agreement and may result in the withholding of
future payments. Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current City policy concerning audits and as applicable,
OMB Circulaz A-133.
D. Reporting and Payment Procedures.
1. Program Income. Subrecipient shall report monthly all lmogram income as defined
at 24 CFR § 570.500(a) that is generated by activities carried out with CDBG funds
made available under this Agreement. The use of program income by Subrecipient
shall comply with the requirements set forth at 24 CFR § 570.504. By way of further
limitations, 5ubrecipient may use such income during the Agreement period for
activities permitted under this Agreement and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unexpended
program income shall be returned to City at the end of the Agreement period. Any
interest earned on cash advances from the U.S. Treasury is not program income and
shall be remitted promptly to City. At the end of the program year, City may require
remittance of all ~ part of any program income balances, including investrnents
thereof, held by Subrecipient, except those needed for immediate cash needs, cash
balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash
or investments held for section I08 security needs.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient funds available under this
Agreement based upon information submitted by Subrecipient and consistent with
any approved budget and City policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted
by City in accordance with advance fund and program income balances available in
Subrecipient's accounts. in addition, City reserves the right to liquidate funds
available under this Agreement for costs incurred by City on behalf of Subrecipient.
4. Draw requests. It is expressly agreed and understood that the total amount to be paid
by City under this Agreement shall not exceed twenty thousand. collars ($20,000).
Drawdowns for the payment of eligible expenses shall be made in accordance with
performance. Draw requests shall only be accepted on official City and/or HUD
forms and must be completed in full to be processed. All draw requests are to be
submitted monthly, no Later than twenty-one (21) days after the end of the month for
which reimbursement is being submitted. Final draw under this Agreement will be
submitted by the Subrecipient no later than Apri121, 2009 unless otherwise agreed in
writing.
5. Funds transfer. Pursuant to 24 CFR § 570.503(b~7), upon expiration of this
Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time
of expiration and any accounts receivable attributable to the use of CDBG funds.
PY08 St7BRt~'r AC~tFFMENI' - MFRmIAN $FNIOR Cr-m~vs' C~ Pwc~ 5 OF 16
E. Procurement.
1. Com~isnce with policies. Subrecipient shall comply with current Federal and City
policies concerning the purchase of equipment and shall maintain inventory records of
all non-expendable personal property as defined by such policy as may be procured
with funds provided hereunder.
2. OMB Standards. Subrecipient shall procure all materials in accordance with the
requirements of 24 CFR §§ 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval from City prior to any travel
outside the Boise metropolitan area with funds provided under this Agreement.
F. Use and Reversion of Assets. The use and disposition of equipment under the
Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR
§§ 570.502 through 570.504, as applicable, which include, but are not limited to, the
following:
1. Records. Subrecipient shall maintain real property inventory records, which clearly
identify properties purchased, improved or sold.
2. Sale of equipment. In all cases in which equipment acquired in whole or in part with
funds under this Agreement is sold, the proceeds shall be program income, prorated to
reflect the extent to that funds received under this Agreement were used to acquire the
equipment. Equipment purchased with funds received under this Agreement but not
needed by the Subrecipient for activities under this Agreement shall be (a) transferred
to City for the CDBG program ~ (b) retained after compensating City an amount
equal to the current fair market value of the equipment less the percentage of non-
CDBG funds used m acquire the equipment.
III.EMPI.OYMENT AND LABOR CONDITION REOUIREINIENI'S
A. Civil Rights Ad. Subrecipient agrees to comply with Title VI of the Civil Rights Act of
1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 1()4{b)
and Section 109 of Title I of the Housing and Community Development Act of 1974,
Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975, Executive Order 11063, and the Executive
Order 11246 as amended by Executive Order 11375 and 12086.
B. N 5ubrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders
referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable
nondiscrimination provisions in Section 109 of the HCDA are also applicable.
Subrecipient will not discriminate against any employee or applicant for employment or
services because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital status or status with regard to public assistance. Subrecipient
will take affirmative action to insure that all employment practices are flee from such
PY08 Svstu=~c~xr Acx~srrr - MStrowx SFSnox Crr~vs' C~rEx PAGE 6 of 16
discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which
prohibits discrimination against the handicapped in any Federally-assisted program. City
shall provide 5ubrecipient with any guidelines necessary for compliance with that portion
of the regulations in force during the term of this Agreement.
D. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other agreement or
understanding, a notice, to be provided by the agency contracting officer, advising the
labor union or workers' representative of Subrecipient's commitments hereunder, and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or
advertisements far employees placed by or on behalf of Subrecipient, state that it is an
Equal Opportunity or Affirmative Action employer.
E. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political activities; sectarian,
or religious activities; lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any extent engage in the
conduct of political activities in violation of the Hatch Act (Title V, Chapter 15,
U.S.C.).
Z. Religions activities. Subrecipient agrees that funds provided under this Agreement
will not be utilized for religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the Federal regulations
specified in 24 CFR § 570.200(j).
F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary
of Labor in accordance with the Davis-Bacon Act as amended; the provisions of
Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act
(40 U.S.C. §§ 276x, 276c, and 327); and all other applicable Federal, state and local laws
and regulations pertaining to labor standards insofaz as those acts apply to the
performance of this Agreement. Subrecipient shall maintain documentation which
demonstrates compliance with the hour and wage requirements of this part. Such
documentation shall be made available to City for review upon request. Subrecipient
further agc~ees that all Contractors engaged under contracts in excess of $2,000.00 for
PY08 SosReL~11r Ate' -M~ttmuri SFar[oR Crt~xs' Cerra PAGg 7 of 16
construction, renovation or repair of any building or work financed in whole or in part
with assistance provided under this Agreement shall comply with Federal requirements
pertaining to such Agreements and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers; provided, that if wage
rates higher than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve Subr+ecipient of its obligation, if any, to require
payment of the higher wage.
G. Section 3 ~ the Housing and Urban Development Act of 1%S.
1. Compliance. Compliance with Section 3 of the Housing and Urban Development
Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in
24 CFR Part 135, and all applicable Hiles and orders issued thereunder prior to the
execution of this Agreement, shall be a condition of the Federal financial assistance
provided under this Agreement and shall be binding upon City, Subrecipient and any
of Subrecipient's subrecigients andlor subcontractors. Failure to fulfill these
requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients
and subcontractors, their successors and assigns, to sanctions.
2. Subcontract language. Subrecipient further agrees to include the following language
in all subcontracts executed under this Agreement: `The work to be performed under
this Agreer~nt is a project assisted under a program providing direct Federal
financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701).
Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to low and very low income residents of the project area and
Agreements for work in connection with the project be awarded to business concerns
that provide economic opportunities for low and very low income persons residing in
the metropolitan area in which the project is located."
3. Employment of lour- and very-low-in~wme person. 5utmacipient further agrc~s to
ensure that opportunities for training and employment arising in connections with a
housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction projects are given to low
and very-low income person residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should be given to low and
very low income persons within the service area of the project or the neighborhood in
which the project is located, and to low and very low income participants in other
HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead.-based paint
hazards), housing construction, or other public construction project are given to
business concerns that provide economic opportunities for low and very low income
persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns which provide
economic opportunities to low and very low income residents within the service area
of the neighborhood in which the project is located, and to low and very low income
PY08 SUStteC~rrr Acx' - MatIDLUV S~t[ox Cr~avs' CF217'F.R PAGE 8 of 16
participants in other HIJD programs.
H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42
and 570.611m, which include, but are not limited to, the following:
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents engaged in the
award and administration of Agreements supported by Federal funds.
2. Contract selection. No employee, officer or agent of the Subrecipient shall
participate in the selection, or in the award, or administration of, a contract supported
by Federal funds if a conflict of interest, real or apparent, would be involved.
3. Self-interested contracts and nepotism. No persons who exercises or have
exercised any functions or responsibilities with respect w CDBG-assisted activities,
or who are in a position to participate in adecision-making process or gain inside
information with regard to such activities, may obtain a financial interest in any
Agreement, or have a financial interest in any contract, subcontract, or agreement with
respect to the CDBG-assisted activity, either for themselves or those with who they
have business or immediate family ties, during their tenure or for a period of one (1)
year thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed official
of City, the Subrecipient, or any designated public agency.
I. Lobbying. Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal Agreement,
the making of any Federal grant, the making of any Federal loan, the entering into of
any Cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal Agreement, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal Agreement, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying,,, in accordance with its instructions;
3. Subrecipient will require that the following language of paragraph (d) of this
certification be included in the award documents for all sub-awards at all tiers
(including subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly: `°This
certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a
PY08 Sueeecu~mrr'r AoxE~rn' - MFxIDrwx S~ar[ott (~xs' Cox Pwc,E 9 of 16
prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352.
Any person who fails to file the required certification shall be subject to a civil
penalty of not let less that $10,000 and not more than $100,000 for each such failure."
IV. ENVIRO11f1VICNTAL CONDITIONS
A. Air and Water. Subrecipient specifically agrees to comply with the following
regulations insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. §§ 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating
to inspection, monitoring, entry reports, and information, as well as other
requirements specified in said Act, and all regulations and guidelines issued
thereunder.
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50.
B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. §4001), Subrecipient shall assure that for activities
located in an area identified by FEMA as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the
Housing and Community Development Act of 1992. These regulations revise the CDBG
lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all
CDBG-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken when dealing with
lead-based paint poisoning aml the advisability and availability of blood level screening
for children under seven. The notice must also point out that if lead-based paint is found
on the property, abatement measures maybe undertaken. The regulations further require
that, impending on the amount of Federal funds applied to a property, paint testing, risk
assessment, treatment and/or abatement maybe conducted.
D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on
Historic Preservation Procedures for Protection of Properties, insofar as they apply to the
perfom0ance of this Agreement. In general, this requires concurrence from the State
historic Preservation Officer for all rehabilitation and demolition of historic properties
that are fifty years or older or that are included on a Federal, state or local historic
property list.
PY08 Sus~n~n' Aoxxr - Mmroinrt S~noR Ctr~vs' t~rn~t Paces 10 of 16
V. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing
and be deemed communicated when personally served, or mailed in the United States
mail, addressed as follows:
City of Meridian
Attn: CDBG Program Administrator
33 E. Broadway Avenue
Meridian, Idaho 83642
Meridian Senior Citizens' Center
Attn: CDBG Grant Administrator
133 W. Broadway Avenue
Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of
this paragraph by giving written notice of such change to the other party in the manner
herein provided.
B. Compliance vritb laws. Subrecipient agrees to comply with HUD regulations
concerning CDBG funds, including, but not limited to, 2~t CFR Part 570. Subrecipient
also agrees to comply with all other applicable Federal, state and local laws, regulations,
and policies governing the funds provided under this Agreement,
C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall
be construed in any manner, as creating or establishing the relationship of
employer/eanployee between the patties. 5ubrecipient shall at all times remain an
independent Contractor with respect to the services to be performed under this
Agreement. City shall provide no benefits or insurance coverage whatsoever to
Subrecipient and/or to its agents.
D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials,
officers, servants, guests, and/or invitees, and all participants in Subrecipient's
programming, shall hold harmless, defend and indemnify City from and for all such
losses, claims, actions, and/or judgments for damages or injury to persons or property
and/or losses and expenses caused or incurred by Subrecipient and/or its employees,
agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in
its programming, and other cests, including litigation costs and attorceys' fees, arising out
of, resulting from, or in connection with the performance of this Agreement by
Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors,
officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting
in and/or attributable to personal injury, death, and/or damage and/or destruction to
tangible or intangible property.
E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance
coverage for all employees involved in the performance of this Agreement.
F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to
protect Agreement assets from loss due to theft, fraud and/or undue physical damage.
Further, Subrecipient shall comply with the bonding and insurance requirements of 24
PY08 Sus~cn~' Acx~xr - M~tIDrwty S8v[ox Cnr~rts' C~xr~x Pwca? 11 of 16
CFR §§ 84.31 and 84.48.
G. Grantor Recognition. Subrecipient shall publically recognize the role of City in
providing services under this Agreement.
H. Amendments. The parties hereto may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each party, and approved by City's
governing body. Such amendments shall not invalidate this Agreement, nor relieve or
release either party from its obligations under this Agreement. City may, in its discretion,
amend this Agreement to conform with Federal, state or local governmental guidelines,
policies and available funding amounts, or for other reasons. If such amendments result
in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both parties.
I. Termination.
1. Notice of termination. Either party may terminate this Agreement by, at least 30
days before the effective date of such termination, giving written notice to the other
party of such termination and specifying the effective date thereof.
2. Partial termination. Partial terminations of the Scope of Service as set forth herein
may only be undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, models, photographs, reports of
other materials prepared by Subrecipient under this Agreement shall, at the option of
City, become the property of City, and Subrecipient shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents
or materials prior to the ternnation.
4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or
termination of the Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. In accordance with 24 CFR § 85.43,
suspension or ternnation of the Agreement, in whole or in part, may occur if
Subrecipient materially fails to comply with any term of this Agreement, which shall
include, but shall not be limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations
under this Agreement;
PY08 SuseECtP~rr AGREEMFXr - MFdtIDIAN SENIOR Cr[~NS' CFI~PIFR PAGE 12 OF 16
c. Ineffective or improper use of funds provided under this Agreement; or
d. Submission by the Subrecipient to City reports that are incorrect or incomplete in
any material respect.
6. Penalty for material noncompliance. In addition to suspension or termination of
this Agreement and/or any other remedies as provided by law, upon a finding of
material noncompliance, City may declare Subrecipient ineligible for any further
participation in City CDBG programming. In the event there is probable cause to
believe Subrecipient is in noncompliance with any applicable rules or regulations,
City may withhold up to fifteen (15) percent of said Agreement funds until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be
in compliance.
J. Assignment. Subrecipient shall not assign or transfer any interest in this agreement
without prior written consent of City; provided, however, that claims for money due or to
become due to Subrecipient from City under this Agreement maybe assigned to a bank,
trust company, or other financial institution without such approval. Notice of any
assignment or transfer shall be furnished promptly to City.
K. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this Agreement without the prior written
consent of City.
2. Monitoring. Subrecipient will monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up actions taken to
correct areas of noncompliance.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in
their entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement.
4. Selection Process. Subrecipient shall undertake to insure that all subcontracts
entered into in the performance of this Agreement shall be awarded pursuant to any
applicable provisions of the City Purchasing Policy and/or local, state, or federal laws.
5. Docmrtentation. Executed copies of all subcontracts shall be forwarded to City along
with documentation concerning the selection process.
L. No cow impediments. Subrecipient certifies and agrees that no contractual or
other disability exists which would prevent compliance with these requirements.
M. Severab~ity. ff any provision of this Agreement is held invalid, the reminder of the
Agreement shall not be affected thereby and all other parts of this Agreement shall
PY08 Sosrr AC>~Errr - MERIDIAN SExtox Chars' CExtFx PACE 13 of 16
nevertheless be in full force and effect.
N. Enure Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith. As the expenditures
described in the November 12, 2008 Subrecipient Agreement have been concluded and/or
reprogrammed, the November 12, 2008 Subrecipient Agreement, insofar as it relates to
such reprogrammed funds, is specifically superseded by the instant Agreement. The
November 12, 2008 Subrecipient Agreement remains in full force and effect as to any and
all remaining or ongoing obligations of Subrecipient as to the investment of PY08 CDBG
funds to update the telephone system at the Meridian Senior Citizens' Center.
O. Non-waiver. Failure of either party to promptly enforce the strict performance of any
term of this Agreement shall not constitute a waiver or relinquishment of any party's right
to thereafter enforce such term, and any right or remedy hereunder maybe asserted at any
time after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
P. Approval required. This Agreement shall not become effective or binding until
approved by the respective governing bodies of both City and Subrecipient.
IN WIT2~TFSS WHEREOF, the parties shall cause this Agrcement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT:
Meridian Senior Citizens' Center
~ ~ ~~
By: Cindy ITill, Senior Coordinator
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CITY:
City of Meridian ~ Attest:
STATE OF IDAHO )
ss:
County of _ )
I HEREBY CERTIFY that on this ~ day of April,
2010, before the undersigned, a Notary Public in the
State of Idaho, personally appeared Cindy Hill,
known to me to be the person who executed the said
instivment, and acknowledged to ~ that he executed
the same.
IN WITNESS WHEREOF, I have hem set my
hand and affixed my official seal, the day and year in
rtificate firs above written.
tart' Public for
iding at Idaho
My Commission Exrires: 1
~,._ ,
By: T de Weerd, Mayor
PY08 SUBxECtrmrrr Ate' - Mi$tIDinrt $FN[OR Crt~xs' Cox
City ClerF ` ~~
SEAL
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PY08 SUBRECIPIl~Nf AGREIINENT - MERIDIAN SEPIIOR CTffZENS' (~1'ER PAGE I S OF 16
Public Services Activity Schedule,'~~leridian Senior Center
ART EDUCATION: Contact Carl Goodwin @888-6846 (Each Class will run three weeks a month.
We will begin the classes in March 2010 and go thru July 2010)
1) Pastels: $10.00 per student, ($100 instructor fee. (Limit 10 people)
Three classes: COST: $400
2) Watercobr: $21.00 per student, $100 instructor fee (Limit 10 people)
Three classes: COST: $510
3) Acrylic: $30.00 per student, $ 100 instructor fee. (Limit 10 people]
Three classes: COST: $600
4) Wood Pulp: $10.00 per student, $100 instructor fee (Limit 10 people)
Three classes: COST: $400
5) Drawing: $15.00 per student, $100 instructor fee (Limit 10 people)
Three classes: COST: $450
TOTAL COST FOR ART EDUCATIONAL CLASSES: $2,360
BLOOD TESTING: (Pending the Dr's office schedule, begin the blood testing in April 2010 and run
through May 2010)
Cholesterol screening would consist af:
1) CBG: Evaluation of weakness, Fatigue and cholesterol issues
2) CMP: Evaluation for diabetes, liver, and kidney functions
3) LIPIDS: Cholesterol and triglyceride evaluation
4) TSH: Deted thyroid function
5) UA: Evaluation of various symptoms' and illnesses
6) Hemoglobin A1C: Glucose testing
Cost per individual: $100 (Limit 50 people) Contact: Zelda, Idaho Minor Emergency 514-4401
TOTAL COST FOR BLOOD TESTING: $5,000
MAMOGRAMS (DIGITAL) Pending on St. Luke's Mammogram schedule begin March 2010 aril run thru
April 2010)
Cost per individual $117 (Limit 55 people) Contact: Gera: 706-5680 or Julie: 706-5684
St. Luke's Mammograms
TOTAL COST FOR MAMOGRAMS: $6,435
SHIBA PROGRAM: We will begin this program March 2010, pending the schedule of our SHIBA contact)
This is an on going program, once it is set up.
Additional costs which may not be covered by the initial program
$1,000 Contact: Genii: 334-4352
The remainder of the CDBG funding $1,996.96 we give permission to the City of Meridian to re-allocate to
another organization which has applied for CDBG funding. If possible we would like this amount to go to
the Meridian Food Bank, if they are on the grant listing.
""NOTE: The above given months assigned to each program can change if the instructor or provider
wants them to occur in some other month. We understand that funds will not be released until the end of
Feb. 2010 and need to be used by the end of Aug. 2010.
PY2008 CDBG Action Plan Amendment
March 23, ?010
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